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Birth Injury Lawsuits

If your child suffers a serious injury in the birth due to medical negligence, the effects can last for a lifetime. Our Atlanta birth injury lawyers can help families recover compensation to cover their medical expenses for the long term and loss of future earnings.

To make a convincing case, we must prove that healthcare professionals did not uphold a high standard of care. We gather evidence by obtaining eyewitness testimony as well as expert medical opinions and photos and videos.

Duty of Care

OB-GYN doctors and medical staff have a duty to provide patients with the highest standard of treatment. This obligation stems from the laws that govern the healthcare industry and the rules and regulations set by medical professional associations.

A physician can be held liable for the harm caused by negligence if they fail meet the standard. A successful malpractice claim will require a thorough investigation, as well as a strong case based on evidence that is credible such as medical records and eyewitness testimonies. An Atlanta birth injury lawyer is experienced in investigating these cases and knows how to gather the necessary information quickly while the evidence is fresh.

In a Georgia malpractice case, the plaintiff must prove four elements: 1)) the duty of a doctor to comply with the standard of care; 2)) an infringement of that duty occurred; 3) the breach of the defendant directly caused the injury; and 4) the injury led to damages. Each of these elements must be proven by an expert witness. These experts are medical professionals who have extensive experience and know-how in their field. A competent birth injury lawyer will have a nationwide network of expert witnesses they can rely on to provide evidence.

It is not unusual for doctors with good intentions to make mistakes that cause harm to children. These mistakes could include misdiagnosis or failure to detect the signs of stress in the fetus, medication errors, surgery mistakes, or inability to perform an urgent C-section.

The harm that a child suffers is often severe. A compassionate Atlanta birth injury lawyer can help these families get the compensation they deserve for all of their losses and hardships. These losses can include medical expenses loss of income, permanent treatment, mental anguish and suffering and pain.

Grant Law Office is dedicated to helping victims of medical malpractice, as well as their families, obtain the financial support they need to pay their future medical expenses. This includes bringing in medical and financial experts to assess current and future losses, and to develop a legal plan to seek maximum compensation.

Breach of Duty

A duty is a legal obligation that arises out of an existing relationship. For example it is a duty to pay taxes or not rob. If a medical professional is obligated to you a duty, they must take reasonable care to protect your best interests. In a medical malpractice lawsuit in which they fail to meet this standard is referred to as negligence. Birth injuries, such as cerebral palsy, birth-related disabilities, and others are caused by this.

To prove medical malpractice, the plaintiff (in this instance, the child's mother) must prove that the healthcare provider was obligated to them with a high standard of care and that the healthcare professional violated the duty of care by committing a negligent act. The breach must also be connected to the injuries that the plaintiff suffered and this requires proving that the healthcare professional's actions or lack of action deviated from what other medical professionals would have done under similar circumstances.

A doctor who does not request an emergency C section when both mother and child are in fetal distress is one example. This is the most typical kind of medical malpractice that's accused in birth injuries.

Another type of breach is when healthcare professionals are reckless or exhibits poor judgment. Examples include giving the wrong medication or ignoring the procedure. In many cases the risk of negligence is avoided if medical professionals are aware of the dangers that can affect a birthing patient.

A successful medical malpractice case can aid a family in recovering financially from a serious birth trauma. Compensation could cover medical expenses and ongoing therapy, as well as assistive equipment, and many other losses. Our Atlanta birth injury lawyers are prepared to help victims recover the compensation they deserve. The damages you could get depend on the severity of your child's injuries and the impact they will have on their lives for the next few years. Our lawyers will review your case with care, collect all the evidence needed and determine the amount you are due in damages. We will then assist you in negotiating an equitable settlement. If a settlement is not agreed upon, we will prepare to go to trial. If you believe that the medical professional who treated your child was guilty of error, call us today to begin your birth injury claim.

Causation

A birth injury lawsuit against a healthcare professional requires proving several legal elements. One of the most crucial elements is that the medical professional violated their obligation to patients by failing to adhere to the appropriate standard of care in their area of expertise. This aspect of a medical malpractice claim is proven through expert testimony. Atlanta birth injury lawyers consult top-tier experts in their field to build a strong case for their clients.

The next element of a medical malpractice case is causation, which means that the negligent act or failures to act directly caused injury to the patient. This is another crucial element, and expert medical witnesses can provide evidence that the medical professional departed from the accepted standards in their field which caused the victim to be injured.

In order to win a medical malpractice case the plaintiff will be required to prove that the injuries are legal under Georgia law. The compensation for medical malpractice may include both economic and non-economic damages. Economic damages are typically awarded to cover expenses like rehabilitation costs, medical expenses of ongoing treatment loss of quality of life and lost earnings due to having to take time off work. Non-economic damages are awarded for emotional distress or discomfort, and mental anguish that results from the injury.

A skilled Atlanta birth injuries lawyer will review the medical records to determine who is accountable for the injuries your child sustained and what could have been done to prevent them from being avoided. Depending on the circumstances the other healthcare professionals or even the hospital itself may be accountable for the medical malpractice.

If a child of a parent is born with a severe condition, such as cerebral palsy, serious spinal cord injury or other mental or physical disabilities, an experienced Atlanta birth injury lawyer can help them get financial support to improve the quality of their child's life and to cover future medical needs. An attorney will look into your case and present an argument that is convincing against the accountable parties. They know the science behind these kinds of injuries, the roles that doctors and hospital staff are involved in, and the consequences of a mishap could affect your family's future.

Damages

Medical errors can happen, no matter how well-intentioned the doctors are. The consequences of medical mistakes can be devastating for families. The injuries can alter their lives for the rest of their lives leaving them with an ongoing need for medical treatment and other expenses that will never go away. The compensation awarded could aid in the payment of these expenses and compensate them for their other losses.

A family can bring a lawsuit based on birth injury to hold a healthcare professional accountable for their error and also to get financial compensation. The lawyer handling the case will first gather all relevant information, including medical records. Once they have this information they will file the lawsuit with the court, naming the hospital and the doctor as defendants. They will then ask for a settlement however there is no guarantee that they will accept one.

In addition to financial damages, a family could be awarded non-economic or pain and suffering damages. These are meant to pay for the emotional trauma and distress that the child and his or family suffered. These settlements can be difficult to calculate, but a knowledgeable lawyer can negotiate an equitable settlement to compensate the child as well as his or her parents for their losses.

Punitive damages are designed to penalize the party responsible for their reckless behavior and deter others from engaging in similar conduct. These are uncommon in medical malpractice cases, but can be awarded if a jury finds that the defendant's actions were particularly reckless or egregious.

If you believe that your child has suffered an injury related to birth due to the carelessness or negligence of medical professionals it is essential to get in touch with an Atlanta birth injury lawyer as quickly as possible. The statute of limitations is the time limit for filing your birth injury claim. Your lawyer will be able tell you the amount of time you still have.